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10.07 Any grievance which has been appealed to arbitration may be referred to grievance mediation <br />by either party. The parties shall attempt to use a commissioner provided by the Federal Mediation <br />and Conciliation Service (FMCS) for the purpose of serving as a mediator in any dispute. If such <br />commissioner is not readily available, the parties may select another mediator by either mutual <br />agreement or through a list provided by FMCS pursuant to that organization's rules of conciliation. <br />The cost for any mediation shall be shared equally by the parties. <br />10.08 Mediation efforts shall be informal in nature. The mediator may employ all the techniques <br />commonly associated with mediation, including private caucuses with the parties. No verbatim <br />record of the proceeding shall betaken. Formal rules of evidence will not apply and there will be no <br />procedural constraints regarding the review of facts or arguments. Written materials presented to the <br />mediator will be returned to the party at the conclusion of the conference. <br />10.09 If the grievance remains unresolved at the end of the mediation session, the mediator will <br />provide an oral (or, if the parties prefer, a written) advisory opinion as to how the grievance is likely <br />to be decided if it is presented at arbitration. This opinion is non -binding and inadmissible in any <br />subsequent arbitration proceeding. Nothing said or done by the mediator and no settlement offer <br />made by a party may be referenced or introduced into evidence at an arbitration of this grievance. <br />ARTICLE 11 PROBATIONARY PERIOD <br />11.01 New employees shall be considered to be on probation for a period of ninety (90) calendar <br />days and during such probationary period, the City and Union shall jointly agree to extend the <br />probationary period in increments of thirty (30) days, not to exceed an additional ninety (90) days. <br />The City have sole discretion to discipline or discharge such employees, and such actions during this <br />period cannot be reviewed through the grievance procedure. <br />11.02 If an employee is discharged or quits while on probation and is later rehired, the employee <br />shall be considered a new employee and subject to provisions of Section I of this Article. <br />11.03 Any City employee in any department other than Public Works shall be considered a new <br />employee when transferred to Public Works, except those who are currently members of the <br />bargaining unit. Any new employee with the Department of Public Works who has had previous <br />employment with the City of Lakewood shall retain all credits due towards longevity, vacation and <br />sick leave accumulation. <br />ARTICLE 12 SENIORITY <br />12.01 Seniority, for the purpose of layoff, shall be an employee's length of service within the <br />bargaining unit. An employee shall have no seniority during the probationary period provided in <br />Article 11, but upon completion of the probationary period, seniority shall be retroactive to the date <br />of hire. Management personnel shall not accumulate any seniority while employed outside the <br />bargaining unit. <br />12.02 The City shall provide the Union with a copy of the seniority lists and these lists shall be <br />updated annually. The seniority lists shall contain, in order of seniority, the name, division, <br />12 <br />